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The term ‘social exclusion’ appears to have originated in France in the 1970s and had a significant influence on European social policy before being taken up by the UK’s New Labour Government in the 1990s. This chapter outlines the concepts of social exclusion and some of the competing discourses associated with the term. Several notable definitions of the term are discussed before we settle on the CASE definition of ‘An individual is socially excluded if he or she does not participate in key activities of the society in which he or she lives’. The concepts of social exclusion may provide added value to discussing the more traditional concepts of poverty and deprivation. It is a relational concept and thus is of importance for developing a social psychiatric perspective. The relationship between Social Exclusion and Social Inclusion is complex and they are not necessarily polar opposites; rather, they may be viewed as a continuum, but a continuum of several dimensions which may differ over time and place. The chapter sets out a framework for examining the social exclusion of people with mental health conditions.
The global climate crisis poses many risks; for instance, relating to the environment, to the economy and to public health. The mitigation and management of such risks create a complex and multifaceted regulatory conundrum that requires quick, flexible, efficient and adaptive policy solutions that transcend the state level. A quick look in the body of regulatory instruments employed in the field of climate change policy will reveal that soft law is used very frequently by the European Commission to aid with the application, transposition and interpretation of European Union (EU) environmental legislation relating to climate change. While soft law has become ever more prominent in the EU legal order and has been studied extensively at the ex-post phase (ie concerning its effects or effectiveness), little academic attention has been paid to the process of soft law-making. In simple terms, we know very little about how soft law instruments are made. This article peeks behind the scenes of soft law and examines the transparency and participation credentials of the articulation process of Commission Guidance Documents in the field of climate change regulation adopted under key legal acts in the field.
Despite a global interest in the musical experiences of young children, the everyday musical lives of young New Zealanders remain unexamined. Using data collected through the Growing Up in New Zealand longitudinal study, we explore the early musical experiences of approximately 6,800 infants and toddlers. Data collected from the primary caregivers and their partners pre-birth, when the children were 9 months old, and 2 years old are used to explore five areas: parental singing; active musical play; music listening; involvement in music groups; and participation in wider cultural events. Musical engagement is analysed with respect to various child, parental and family characteristics, including parental education, socio-economic status, and parental knowledge of and appreciation for the arts. The results provide a holistic description of the musical environments of young children in Aotearoa New Zealand.
Chapter 3 describes a participatory turn, which, since the 1990s, has demanded women’s equal representation, including through access to constitution-making and, facilitated by the adoption of gender quotas, to decision-making positions. Coinciding in time with movements in favor of participatory forms of constitution-making and in favor of the recognition of the pluralistic and multinational composition of most modern states, this chapter examines the ways in which the participatory turn compelled women across the globe to fight in order to have their voices heard in constitution-making processes, to enshrine new understandings of democracy (such as parity democracy), and to be actively involved as members of their distinctive cultural, religious, or ethnic communities. Under the influence of evolving universal and regional human rights standards, a notion of substantive equality, more focused on actual opportunities to participate, rather than the mere holding of rights, is becoming constitutionally prevalent in many systems, which now compel state powers to go beyond formal equality by proactively addressing the persistent forms of gender discrimination and stereotyping still undermining women´s constitutional status.
Building on the preceding chapters, it examines the survivor as activist in the context of prevention, state mechanisms, and antislavery participation. It exposes the responsibility placed on survivors for participation, the hierarchies of power that mute voice, and the limited ways in which survivors are employed. The chapter goes on to consider the antislavery strategies that survivors themselves suggest and reveal the challenges that survivors face engaging with the public sector to inform antislavery policy. The chapter includes an analysis of the extent of survivor participation in state processes and draws on analysis of the work of survivor activists.
This chapter elaborates on the theoretical framework that serves as a guide for the analysis and briefly discusses the trajectory of Indonesia’s democracy over the last twenty years. It starts by presenting Indonesia as a “hard place” for democracy and by noting that substantive representation is an issue that is largely overlooked in research on democracy in this country, as existing studies have focused on describing the pathologies of citizen-politician linkages. It then develops the argument, first by reviewing research on the role of ordinary people and public opinion in democracy, then by discussing the relationship between representation and satisfaction with democracy, and finally by exploring the role of polarization and populism in evaluations of democratic performance. The chapter then returns to the Indonesian case to engage more closely with the literature on political Islam, participation and democratic erosion to discuss in greater detail the contributions of this analysis.
This chapter introduces the Indonesian case and the empirical puzzle, outlines the argument, discusses the book’s contributions to the study of Indonesian politics and representation in young democracies, presents data sources and methods, and introduces the structure of the book.
This chapter concludes the book. It summarizes the findings and discusses their implications for democracy in Indonesia and elsewhere. In addition, it addresses some open questions that intersect with the argument, most importantly with regard to democratic representation, participation and accountability.
Chapter 7 is the final concluding chapter of the book, which draws together the various theoretical, empirical and normative arguments to make a case for why the CoP needs to be reimagined to better secure access to justice for those affected by its decisions. In short, the concluding chapter argues for a reimagined CoP in which the subject of proceedings is at the centre of its processes and institutional practices at every stage. Such a reimagining ought to be viewed as a mechanism through which to better secure access to the knowledge, expertise and forum in which to secure justice for the embodied subject of CoP proceedings. The chapter concludes by urging those who work in the CoP to think about how their own practices might be more attentive to the issues raised and to facilitate the subject of proceedings to give voice, participate in and shape the proceedings.
Chapter 4 explores the role of alternative dispute resolution, specifically mediation, in CoP proceedings, the first academic piece on this topic. The use of mediation in CoP practice is increasing and there is a trend towards mediation as the primary form of ADR in civil and family justice. In analysing the role of mediation in the CoP, the chapter draws on original empirical data to explore the views of professionals working in mental capacity law. In analysing this data, emphasis is placed on the embodied benefits of flexibly resolving disputes outside of the formalities of the courtroom, as well as the challenges involved in maintaining neutrality, trustworthiness and participation without judicial oversight. The chapter concludes that mediation has an important role to play as a complementary part of the toolkit of a reimagined CoP because it has the potential to provide an improvement in procedural justice. However, the legalism present in discussions of mediation in the empirical data is also highlighted, arguing that if mediation is going to secure an improvement in access to justice, then it needs to be driven by the parties rather than notions of justice predetermined by legal professionals.
Chapter 3 is the first of four chapters drawing on the original empirical data. It interrogates the issue of participation in CoP proceedings to argue that the CoP has failed to facilitate participation of the subject of proceedings, thereby undermining procedural justice and access to justice. Despite the rhetorical value placed on participation, the chapter shows that participation in CoP proceedings has not yet effectively been secured. An important distinction is drawn between direct and indirect participation, which is then used throughout the book to make a number of further arguments for reimagining the CoP. In addition, the chapter shows that the subject of CoP proceedings still rarely directly participates in them, despite some attempts at improvements. The chapter argues that direct participation is the ideal approach to ensure that procedural justice is secured, also briefly considering the ways that direct participation might be achieved in other types of case that do not reach a hearing. The second section of the chapter explores the reasons for limited participation, rejecting each of them as a sufficient justification for the current failure to secure participation. Finally, the chapter concludes with a number of recommendations for improving participation.
As one of the first researchers authorised to observe hearings and access court files at the Court of Protection, Jaime Lindsey offers an original account and analysis of the workings of this court. Using data collected with the approval from the senior judiciary of the Court of Protection and the Ministry of Justice, this innovative book combines empirical data with theoretical and normative analysis. It takes a socio-legal approach to understanding how the Mental Capacity Act operates in practice to achieve access to justice and situates current debates within an international context, showing how other jurisdictions have been guided by the United Nations Convention on the Rights of Persons with Disabilities. Furthering scholarship across several fields including access to justice, healthcare law and procedural justice theory, this is a timely and pioneering book that argues for a reimagining of the Court of Protection.
Indonesia, like many other countries around the world, is currently experiencing the process of democratic backsliding, marked by a toxic mix of religious sectarianism, polarization, and executive overreach. Despite this trend, Indonesians have become more, rather than less, satisfied with their country's democratic practice. What accounts for this puzzle? Unity Through Division examines an overlooked aspect of democracy in Indonesia: political representation. In this country, an ideological cleavage between pluralism and Islamism has long characterized political competition. This cleavage, while divisive, has been a strength of Indonesia's democracy, giving meaning to political participation and allowing a degree of representation not often observed in young democracies. While the recent resurgence of radical Islam and political polarization in Indonesian politics may have contributed to democratic erosion, these factors have simultaneously clarified political alternatives and improved perceptions of representation, in turn bolstering democratic participation and satisfaction. This compelling book effectively challenges the wisdom of the role of Islam in Indonesian political life and provides a fresh analysis for debates on democratic backsliding in Indonesia and beyond.
Chapter 2 provides the theoretical framework for the book, focusing on advancing a procedural justice analysis through which the CoP is analysed. This chapter outlines the intrinsic, instrumental and pragmatic reasons why a procedural justice analysis is justified, doing so by reference to the procedural justice literature that shows how and why individuals value fair procedures, as well as analysing the underpinning normative procedural justice questions. Furthermore, it specifically explores how this theoretical frame can operate within and apply to the CoP. The theoretical approach to procedural justice is set out in detail, drawing on feminist literature on embodiment to develop a framework of procedural justice values, including: respect for the individual, flexibility, trustworthiness, neutrality and participation.
Chapter 8, The Individual Human Being as a Category – A Conclusion and an Outlook, returns to theory. To this end, the chapter weaves together the results of the case studies and the theoretical and methodological considerations. The chapter, serving as a conclusion to the book, simultaneously summarises the book, revisits the issue of interdisciplinarity, and presents its results. It also discusses the book’s contribution and value added. Most importantly, it demonstrates how the results of the empirical case studies are relevant for IR theory and what implications for IR theory, IL scholarship, and the study of global politics can be derived from these results. Finally, the chapter outlines future research based on the book’s results.
The involvement of children in decision making processes was shown to have beneficial effects on their cognitive, emotional, and social development. However, no research focused on its association with child’s psychopathology.
Our research aimed to explore the relationships between children’s externalizing and internalizing symptoms and their involvement in decision making in a dimensional approach.
A community sample of 318 parents (64.2% mothers, mean age: 39.48 years SD=5.82) filled out an online questionnaire including the Decision-Making Involvement Scale (DMIS) assessing the parent’s and child’s behaviour in decision-making processes and the Strength and Difficulties Questionnaire (SDQ). Linear regression analyses were conducted for exploring multivariate associations of DMIS Parent and Child subscales with child’s psychopathology and prosocial behaviour, controlling for child’s gender and age.
With SDQ Internalizing problems subscale as dependent, linear regression analysis did not result in a significant model. In a significant model explaining 21.2% of the variance of the dependent variable, SDQ Externalizing problems score were significantly related to child’s age and gender, and to both Child and Parent subscales of the DMIS. When choosing SDQ Prosocial behaviour subscale as dependent, child’s gender and DMIS Child subscale were significantly associated to the dependent variables, accounting for 12.2% of the variance.
Our results suggest that children’s involvement in decisions may be related to less externalizing symptoms and higher levels of prosocial skills. However, longitudinal research is needed to uncover the direction of the relationship and underlying mechanisms.
Communication is both an activity in which we participate and the means by which we participate in a range of other activities. Therefore, the ability to communicate (or ‘communication capacity’) is closely linked with the ability to participate in life activities and in society. Cohort studies that consider communication capacity and explore participation in life activities provide an opportunity to understand these links at a single point in time or longitudinally. This chapter introduces the reader to four Australian cohort studies: Longitudinal Study of Australian Children (LSAC), Longitudinal Study of Indigenous Children (LSIC), Building a New Life in Australia: The Longitudinal Study of Humanitarian Migrants (BNLA), and the Australian Census of Population and Housing. The WHO's International Classification of Functioning, Disability and Health (ICF) is used as a framework to examine links between communication and participation. The chapter presents communication and participation data from the four cohort studies for children and adults who have speech, language and communication needs (SLCN), as well as people who are Indigenous (First Nations), multilingual and migrants, to reflect strengths and capacity within communities and societies.
To explore the experiences of adults who completed a constraint-induced movement therapy (CIMT) programme, and the barriers and enablers to their participation.
Qualitative design using semi-structured interviews. Stroke and brain injury survivors (n = 45) who had completed CIMT as part of their usual rehabilitation were interviewed 1 month post-CIMT. Interviews were audio-recorded, transcribed and imported into Nvivo for analysis. Inductive coding was used to identify initial themes. Themes were then deductively mapped to the Capability, Opportunity, Motivation – Behaviour system, a behaviour change model, to identify barriers and enablers to CIMT programme adherence and engagement.
Enablers influencing participation included being provided with education about the programme (Capability – psychological), seeing improvements in arm function (Motivation – reflective), being committed to the programme (Motivation – reflective) and having strong social support from staff, family and allied health students (Opportunity – social). The structured programme was a motivator and offered a way to fill the time, particularly during inpatient rehabilitation (Opportunity – physical). Barriers to participation included experiencing physical and mental fatigue (Capability – physical) and frustration early in the CIMT programme (Motivation – automatic), and finding exercises boring and repetitive (Motivation – automatic).
Therapist provision of educational supports for CIMT participants and their families is important to maximise CIMT programme uptake. During CIMT delivery, we recommend the provision of positive feedback and coaching in alignment with CIMT principles, and the inclusion of social supports such as group-based programmes to enhance participant adherence.
The relationship between religion and concern for the environment has not always been an easy one. Theological ascription of ultimate value to God, rather than to creatures, has been said to underlie ecological destruction, exacerbated also by religious notions of human uniqueness. Conversely, some religious groups have feared that concern for nature will risk deflecting attention from God. Faced with such a stand-off, we turn to the idea of ‘participation’ – of partaking from, or sharing in – which offers common ground between these two domains, with its sense of dependence and derivation. From a theological perspective (here concentrating on the Christian tradition), particular emphasis will fall on the idea of creation as good gift, and on the derivation of all things from God, in all of their aspects. From the side of biology, themes of participation appear both in the form of ecological dependence in the present and of evolutionary relations of derivation and reception running down biological history. Approached in these terms, the theologian conviction that creation is not ultimate need not degrade it, nor need attention to creation stand in competition with religious devotion.
The oldest cave paintings yet discovered are in a cave in Sulawesi, Indonesia. The paintings depict other animals in symbolic forms as participant agents, alongside early humans. Such conceptions of co-agency endured throughout human history in indigenous religions, particularly culturally isolated groups dwelling in deserts, forests, islands, and mountains. This ‘original’ ontology was taken up from indigenous religions into world religious traditions first in the Vedas and then in ‘axial age’ traditions including those of classical Greece, Judaism and, under their influence, Christianity. However in Latin Christianity the cultural imaginary of participation in a shared realm of being declined in favour of a new religious narrative focused on human souls. The subsequent rise of Enlightenment rationalism and personalism conferred on modern humans a sense of control and dominance in their agency of Earthly habitats in which they have progressively sought to eradicate the agency, and diversity, of the other beings. In this chapter I outline the original participative ontology in indigenous and world religious traditions; I examine the reasons for and impacts of its decline; and I discuss ways in which it may be recovered.